SPECIAL PROCEEDINGS

RULE 72

- Recognition of foreign judgment only requires proof of the fact of the judgment, it may
be made in a special proceeding for cancellation or correction of entries in the civil
registry under Rule 108 as it is precisely to establish the status or right of a party or a
particular fact.
- Article 151 (need of verified allegation of earnest efforts to compromise) applies to
ordinary civil actions, and not to special proceedings.

RULE 73: VENUE AND PROCESSES

- Jurisdiction: RTC, if the estate exceeds 2 million. If not, MTC.

*Resident decedent: RTC/MTC of the place where he resided at the time of death
*Non-resident decedent: RTC/MTC of any place where he had an estate.
- Allegation of the gross value of the estate is determinative of jurisdiction. Failure to do so
bares it to dismissal by courts, whether on first instance or on appeal.

- The writs and processes of the probate court cannot extend beyond Philippines so a
Foreign Corporation is outside the jurisdiction of the Philippine Probate Court.

- In a petition for probate of a will where the testator is a NON-RESIDENT, the petition
should allege the jurisdictional fact that the testator left an estate within the PH.

Rule of Preferential jurisdiction - the court taking cognizance of the settlement of the
estate of a decedent shall exercise jurisdiction to the exclusion of all other courts. This rule is
applicable only to NON-RESIDENT decedents.

- GR: Testate Proceedings take preference over an Intestate proceeding. However, this
should be taken in conjunction with Rule on Preferential Jurisdiction to avoid a multiplicity
of suits. (Uriarte vs CFI of Negros Occ.)
- Residence (S1,R73) – actual residence and place of abode, not legal residence. Definitely,
there is a distinction between the term for purposes of Election Laws and for fixing the
venue of actions. Animus revertendi, in the latter case, is immaterial.
- How is the venue challenged?
1. On appeal.
2. Certiorari under Rule 65 if impropriety appears on the record.

RULE 74: SUMMARY SETTLEMENT OF ESTATES

Summary settlement of estates of Small Value – estates with gross value not exceeding
10k. MTC has the jurisdiction.

Extrajudicial settlement of estates, requisites:

1. Decedent left no will and no debts; and

2. The heirs all legal age (or minors are represented by their judicial or legal
representatives)

Procedure:

1. The parties may divide the estate among themselves, either in a) Public instrument filed
in the RD, or b) Partition;
2. Affidavit of self-adjudication in case of a lone heir;

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 3. Filing of bond with the RD (required only if there is a personal property in the decedent’s
estate) [bond must be filed simultaneously and as a conditioned precedent to the filing of
Public Instrument, partition, or the self=adjudication]
4. Publication of the fact of the extrajudicial settlement or administration

- The publication of the fact of EJS, or per se, shall not constitute a constructive notice to
the whole world as it does not affect person who has not participated therein or had no
notice thereof (such as when there are debts outstanding against the estate);
The consequence: if within 2 years after an EJS and distribution, such person may
compel the settlement of the state in the courts and this involves the cancellation of the
partition and the making of new division.
Xpn: if such person agrees to the payment of the lawful participation in money

Bond, period of liability:

GR: 2 years after such distribution, notwithstanding any transfer of real estate

(Commencement of the two-year period shall be from the date of registration thereof in case of
registered land. Otherwise, from the settlement and distribution of the estate)

Xpn: one year after the removal of the disability of the following (MIPO):

1. Minors;
2. Mentally Incapacitated.
3. In prison;
4. Outside PH.

Remedy after the lapse of 2 years?

Action for reconveyance, or that which provides that if property is acquired through fraud, the
person obtaining it is by force of law considered a trustee of an implied trust. This should be
brough within 1 years from the registration of the title, provided it has not yet been acquired by
an innocent purchaser for value.

- The property of a deceased person may be partitioned because a co-ownership has

arisen among the deceased’s heirs, provided: 1) the decedent died intestate; and 2) has
left no debts. Petition for the issuance of letters of administration is ONLY AN OPTION to
settle the estate and is NOT MANDATORY. `

RULE 75: PRODUCTION OF WILL; ALLOWANCE OF WILL NECESSARY

- No WILL shall pass either real or personal estate unless it is proved and allowed in the
proper court. The probate of a will IS MANDATORY.
- EJS is not proper if the decedent left a will.
- The allowance of the will is conclusive as to its due execution, subject to the RIGHT OF
APPEAL.
- Consequences
GR: Fine
Xpn: Imprisonment as stated under section 5, R 75. This will be the case when there is
failure to deliver when the court ordered it so and there is no reasonable or satisfactory
cause for such failure.

RULE 76: ALLOWANCE OR DISALLOWANCE OF WILL

Contents of petition for the allowance of a will:

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 1. Jurisdictional facts;
a. That a person has died leaving a will;
b. That in the case of a resident decedent, he died within the territorial jurisdiction of
the court, or in the case of non-resident, that he has eft an estate within such
territorial jurisdiction;
c. The gross value of the estate.
2. The names, ages, and addresses of the heirs, devises, and legatees in the will;
3. The probable value and the characteristics of the property of the estate;
4. The name of the person to whom the letters are prayed for; and
5. The name of the will’s custodian if it has not yet been delivered to the Court.

- The publication of the notice is not enough to confer jurisdiction to the court [Unlike in
the case of extrajudicial settlement] if the addresses of the heirs, devises and legatees
are known. In such case, the 20-10 day notice requirement must be complied with. If
unknown, publication is sufficient.
- In Azaola vs Singson, the Court held that to contest a will is to challenge the authenticity
thereof. this is material because if the challenge is proper, the rules on the proof of will
becomes crucial.

Stages of probate vis-à-vis validity

 Probate proper stage

GR: Extrinsic Validity
XPN:
1. Defect is apparent (will render the suit merely ceremonial);
2. Doesn’t contain devises and legatees (this may result to intestacy, so that a
separate suit will be superfluous)
3. Parties agree for the intrinsic validity to be determined first
4. Practical considerations (morales vs olondriz)
 Determination of heirs and distribution stage/phase – intrinsic validity

RULE 77: ALLOWANCE OF WILL PROVED OUTSIDE PH AND ADMINISTRATION OF

ESTATE THEREUNDER

Jurisdiction: RTC if the gross value of the estate exceeds 300k (outside Metro) or 400k (in
Metro). Otherwise, MTC.

Ancillary Administration- administration of the decedent’s estate located in a country or

jurisdiction other than his last domicile. If in his domicile, that’s what we call as Principal
Administration.